The Ombudsman's final decision
Summary: We will not investigate this complaint about the conduct of staff in a library. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we could add anything to the Council’s response.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about the conduct of staff in a library. Mrs X says a member of staff refused to serve them and they were eventually asked to leave. The dispute took place following a discussion about an event at the library. Mrs X says the Council discriminated against her family based on their beliefs. Mrs X wants the Council to withdraw what she considers to be false allegations contained in its complaints responses and to pay compensation.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its responses to Mrs X the Council said there was a clear disagreement about what happened. The Council said it asked the complainant’s family to leave because of the behaviour of Mrs X’s husband. The decision was not to do with Mrs X’s beliefs. It apologised for any offence caused but said it could not pay compensation.
We will not start an investigation into Mrs X’s complaint.
There are differing views about the events at the heart of this complaint. It is unlikely though that we could reach a safe conclusion about what happened. We could not therefore ask the Council to retrospectively change its complaints responses. We also cannot say if a body has breached its duties under the Equalities Act.
We do not award ‘compensation’ but can recommend financial remedies in certain situations. But it is unlikely we could say the Council has acted with fault and we would not therefore recommend any type of financial payment.
It is therefore unlikely we could add anything to the Council’s response and an investigation is not warranted.
Final decision
We will not investigate Mrs X’s complaint. This is because it is unlikely we could add anything to the Council’s response.
Investigator's decision on behalf of the Ombudsman